CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Lee moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (1) of section 106.011, Florida

18  Statutes, is amended to read:

19         106.011  Definitions.--As used in this chapter, the

20  following terms have the following meanings unless the context

21  clearly indicates otherwise:

22         (1)(a)  "Political committee" means:

23         1.  A combination of two or more individuals, or a

24  person other than an individual, that, in an aggregate amount

25  in excess of $500 during a single calendar year:

26         a.  Accepts contributions for the purpose of making

27  contributions to any candidate, political committee, committee

28  of continuous existence, or political party;

29         b.  Accepts contributions for the purpose of expressly

30  advocating the election or defeat of a candidate or the

31  passage or defeat of an issue;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1         c.  Makes expenditures that expressly advocate the

  2  election or defeat of a candidate or the passage or defeat of

  3  an issue; or

  4         d.  Makes contributions to a common fund, other than a

  5  joint checking account between spouses, from which

  6  contributions are made to any candidate, political committee,

  7  committee of continuous existence, or political party. the

  8  primary or incidental purpose of which is to support or oppose

  9  any candidate, issue, or political party, which accepts

10  contributions or makes expenditures during a calendar year in

11  an aggregate amount in excess of $500; "political committee"

12  also means

13         2.  The sponsor of a proposed constitutional amendment

14  by initiative who intends to seek the signatures of registered

15  electors.

16         (b)  Notwithstanding paragraph (a), the following

17  entities are not considered political committees for purposes

18  of this chapter:

19         1.  Organizations which are certified by the Department

20  of State as committees of continuous existence pursuant to s.

21  106.04, national political parties, and the state and county

22  executive committees of political parties regulated by chapter

23  103 shall not be considered political committees for the

24  purposes of this chapter.

25         2.  Corporations regulated by chapter 607 or chapter

26  617 or other business entities formed for purposes other than

27  to support or oppose issues or candidates, are not political

28  committees if their political activities are limited to

29  contributions to candidates, political parties, or political

30  committees or expenditures in support of or opposition to an

31  issue from corporate or business funds and if no contributions

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  are received by such corporations or business entities.

  2         Section 2.  Paragraph (b) of subsection (8) of section

  3  106.07, Florida Statutes, is amended to read:

  4         106.07  Reports; certification and filing.--

  5         (8)

  6         (b)  Upon determining that a report is late, the filing

  7  officer shall immediately notify the candidate or chair of the

  8  political committee as to the failure to file a report by the

  9  designated due date and that a fine is being assessed for each

10  late day.  The fine shall be $50 per day for the first 3 days

11  late and, thereafter, $500 per day for each late day, not to

12  exceed 25 percent of the total receipts or expenditures,

13  whichever is greater, for the period covered by the late

14  report.  However, for the reports immediately preceding each

15  primary and general election, the fine shall be $500 per day

16  for each late day, not to exceed 25 percent of the total

17  receipts or expenditures, whichever if greater, for the period

18  covered by the late report. For reports required under s.

19  106.141(7), the fine is $50 per day for each late day, not to

20  exceed 25 percent of the total receipts or expenditures,

21  whichever is greater, for the period covered by the late

22  report. Upon receipt of the report, the filing officer shall

23  determine the amount of the fine which is due and shall notify

24  the candidate or chair.  The filing officer shall determine

25  the amount of the fine due based upon the earliest of the

26  following:

27         1.  When the report is actually received by such

28  officer.

29         2.  When the report is postmarked.

30         3.  When the certificate of mailing is dated.

31         4.  When the receipt from an established courier

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  company is dated.

  2

  3  Such fine shall be paid to the filing officer within 20 days

  4  after receipt of the notice of payment due, unless appeal is

  5  made to the Florida Elections Commission pursuant to paragraph

  6  (c).  In the case of a candidate, such fine shall not be an

  7  allowable campaign expenditure and shall be paid only from

  8  personal funds of the candidate.  An officer or member of a

  9  political committee shall not be personally liable for such

10  fine.

11         Section 3.  Subsection (5) of section 106.08, Florida

12  Statutes, is reenacted and amended to read:

13         106.08  Contributions; limitations on.--

14         (5)(a)  A person may not make any contribution through

15  or in the name of another, directly or indirectly, in any

16  election.

17         (b)  Candidates, political committees, and political

18  parties may not solicit contributions from or make

19  contributions to any religious, charitable, civic, or other

20  causes or organizations established primarily for the public

21  good.

22         (c)  Candidates, political committees, and political

23  parties may not make contributions, in exchange for political

24  support, to any religious, charitable, civic, or other cause

25  or organization established primarily for the public good.

26  However, It is not a violation of this paragraph subsection

27  for:

28         1.  A candidate, political committee, or political

29  party executive committee to make gifts of money in lieu of

30  flowers in memory of a deceased person; or for

31         2.  A candidate to continue membership in, or make

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  regular donations from personal or business funds to,

  2  religious, political party, civic, or charitable groups of

  3  which the candidate is a member or to which the candidate has

  4  been a regular donor for more than 6 months; or.

  5         3.  A candidate to may purchase, with campaign funds,

  6  tickets, admission to events, or advertisements from

  7  religious, civic, political party, or charitable groups.

  8         Section 4.  Section 106.11, Florida Statutes, is

  9  amended to read:

10         106.11  Expenses of and expenditures by candidates and

11  political committees.--Each candidate and each political

12  committee which designates a primary campaign depository

13  pursuant to s. 106.021(1) shall make expenditures from funds

14  on deposit in such primary campaign depository only in the

15  following manner, with the exception of expenditures made from

16  petty cash funds provided by s. 106.12:

17         (1)(a)  The campaign treasurer or deputy campaign

18  treasurer of a candidate or political committee shall make

19  expenditures from funds on deposit in the primary campaign

20  depository only by means of a bank check drawn upon the

21  campaign account of the candidate or political committee. The

22  campaign account shall be separate from any personal or other

23  account and shall be used only for the purpose of depositing

24  contributions and making expenditures for the candidate or

25  political committee.

26         (b)  The checks for such account shall contain, as a

27  minimum, the following information:

28         1.(a)  The statement "Campaign Account of ...(name of

29  candidate or political committee)...."

30         2.(b)  The account number and the name of the bank.

31         3.(c)  The exact amount of the expenditure.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1         4.(d)  The signature of the campaign treasurer or

  2  deputy treasurer.

  3         5.(e)  The exact purpose for which the expenditure is

  4  authorized.

  5         6.(f)  The name of the payee.

  6         (2)(a)  For purposes of this section, debit cards are

  7  considered bank checks, if:

  8         1.  Debit cards are obtained from the same bank that

  9  has been designated as the candidate's or political

10  committee's primary campaign depository.

11         2.  Debit cards are issued in the name of the

12  treasurer, deputy treasurer, or authorized user and state

13  "Campaign Account of (name of candidate or political

14  committee)."

15         3.  No more than three debit cards are requested and

16  issued.

17         4.  Before a debit card is used, a list of all persons

18  authorized to use the card is filed with the division.

19         5.  All debit cards issued to a candidate's campaign or

20  a political committee expire no later than midnight of the

21  last day of the month of the general election.

22         6.  The person using the debit card does not receive

23  cash as part of, or independent of, any transaction for goods

24  or services.

25         7.  All receipts for debit card transactions contain:

26         a.  The last four digits of the debit card number.

27         b.  The exact amount of the expenditure.

28         c.  The name of the payee.

29         d.  The signature of the campaign treasurer, deputy

30  treasurer, or authorized user.

31         e.  The exact purpose for which the expenditure is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  authorized.

  2

  3  Any information required by this subparagraph but not included

  4  on the debit card transaction receipt may be handwritten on,

  5  or attached to, the receipt by the authorized user before

  6  submission to the treasurer.

  7         (b)  Debit cards are not subject to the requirements of

  8  paragraph (1)(b).

  9         (3)(2)  The campaign treasurer, or deputy treasurer, or

10  authorized user who signs the check shall be responsible for

11  the completeness and accuracy of the information on such check

12  and for insuring that such expenditure is an authorized

13  expenditure.

14         (4)(3)  No candidate, campaign manager, treasurer,

15  deputy treasurer, or political committee or any officer or

16  agent thereof, or any person acting on behalf of any of the

17  foregoing, shall authorize any expenses, nor shall any

18  campaign treasurer or deputy treasurer sign a check drawn on

19  the primary campaign account for any purpose, unless there are

20  sufficient funds on deposit in the primary depository account

21  of the candidate or political committee to pay the full amount

22  of the authorized expense, to honor all other checks drawn on

23  such account, which checks are outstanding, and to meet all

24  expenses previously authorized but not yet paid. However, an

25  expense may be incurred for the purchase of goods or services

26  if there are sufficient funds on deposit in the primary

27  depository account to pay the full amount of the incurred

28  expense, to honor all checks drawn on such account, which

29  checks are outstanding, and to meet all other expenses

30  previously authorized but not yet paid, provided that payment

31  for such goods or services is made upon final delivery and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  acceptance of the goods or services; and an expenditure from

  2  petty cash pursuant to the provisions of s. 106.12 may be

  3  authorized, if there is a sufficient amount of money in the

  4  petty cash fund to pay for such expenditure.  Payment for

  5  credit card purchases shall be made pursuant to s. 106.125.

  6  Any expense incurred or authorized in excess of such funds on

  7  deposit shall, in addition to other penalties provided by law,

  8  constitute a violation of this chapter.

  9         (5)(4)  A candidate who withdraws his or her candidacy,

10  becomes an unopposed candidate, or is eliminated as a

11  candidate or elected to office may expend funds from the

12  campaign account to:

13         (a)  Purchase "thank you" advertising for up to 75 days

14  after he or she withdraws, becomes unopposed, or is eliminated

15  or elected.

16         (b)  Pay for items which were obligated before he or

17  she withdrew, became unopposed, or was eliminated or elected.

18         (c)  Pay for expenditures necessary to close down the

19  campaign office and to prepare final campaign reports.

20         (d)  Dispose of surplus funds as provided in s.

21  106.141.

22         Section 5.  Subsection (3) of section 106.12, Florida

23  Statutes, is amended to read:

24         106.12  Petty cash funds allowed.--

25         (3)  The petty cash fund so provided shall be spent

26  only in amounts less than $100 $30 and only for office

27  supplies, transportation expenses, and other necessities.

28  Petty cash shall not be used for the purchase of time, space,

29  or services from communications media as defined in s.

30  106.011(13).

31         Section 6.  Subsections (5) and (7) of section 106.141,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  Florida Statutes, are amended to read:

  2         106.141  Disposition of surplus funds by candidates.--

  3         (5)  A candidate elected to office or a candidate who

  4  will be elected to office by virtue of his or her being

  5  unopposed may, in addition to the disposition methods provided

  6  in subsection (4), transfer from the campaign account to an

  7  office account any amount of the funds on deposit in such

  8  campaign account up to:

  9         (a)  Twenty Ten thousand dollars, for a candidate for

10  statewide office.  The Governor and Lieutenant Governor shall

11  be considered separate candidates for the purpose of this

12  section.

13         (b)  Five thousand dollars, for a candidate for

14  multicounty office.

15         (c)  Five Two thousand five hundred dollars multiplied

16  by the number of years in the term of office for which

17  elected, for a candidate for legislative office.

18         (d)  Two One thousand five hundred dollars multiplied

19  by the number of years in the term of office for which

20  elected, for a candidate for county office or for a candidate

21  in any election conducted on less than a countywide basis.

22         (e)  Six thousand dollars, for a candidate for

23  retention as a justice of the Supreme Court.

24         (f)  Three thousand dollars, for a candidate for

25  retention as a judge of a district court of appeal.

26         (g)  One thousand five hundred dollars, for a candidate

27  for county court judge or circuit judge.

28

29  The office account established pursuant to this subsection

30  shall be separate from any personal or other account.  Any

31  funds so transferred by a candidate shall be used only for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  legitimate expenses in connection with the candidate's public

  2  office.  Such expenses may include travel expenses incurred by

  3  the officer or a staff member, personal taxes payable on

  4  office account funds by the candidate or elected public

  5  official, or expenses incurred in the operation of his or her

  6  office, including the employment of additional staff. The

  7  funds may be deposited in a savings account; however, all

  8  deposits, withdrawals, and interest earned thereon shall be

  9  reported at the appropriate reporting period. If a candidate

10  is reelected to office or elected to another office and has

11  funds remaining in his or her office account, he or she may

12  transfer surplus campaign funds to the office account.  At no

13  time may the funds in the office account exceed the limitation

14  imposed by this subsection. Upon leaving public office, any

15  person who has funds in an office account pursuant to this

16  subsection remaining on deposit shall give such funds to a

17  charitable organization or organizations which meet the

18  requirements of s. 501(c)(3) of the Internal Revenue Code or,

19  in the case of a state officer, to the state to be deposited

20  in the General Revenue Fund or, in the case of an officer of a

21  political subdivision, to the political subdivision to be

22  deposited in the general fund thereof.

23         (7)(a)  Any candidate required to dispose of campaign

24  funds pursuant to this section shall do so within the time

25  required by this section and shall, on or before the date by

26  which such disposition is to have been made, file with the

27  officer with whom reports are required to be filed pursuant to

28  s. 106.07 a form prescribed by the Division of Elections

29  listing:

30         1.(a)  The name and address of each person or unit of

31  government to whom any of the funds were distributed and the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  amounts thereof;

  2         2.(b)  The name and address of each person to whom an

  3  expenditure was made, together with the amount thereof and

  4  purpose therefor; and

  5         3.(c)  The amount of such funds transferred to an

  6  office account by the candidate, together with the name and

  7  address of the bank in which the office account is located.

  8

  9  Such report shall be signed by the candidate and the campaign

10  treasurer and certified as true and correct pursuant to s.

11  106.07.

12         (b)  The filing officer shall notify each candidate at

13  least 14 days before the date the report is due.

14         (c)  Any candidate failing to file a report on the

15  designated due date shall be subject to a fine as provided in

16  s. 106.07 for submitting late termination reports.

17         Section 7.  Subsection (3) of section 106.15, Florida

18  Statutes, is amended to read:

19         106.15  Certain acts prohibited.--

20         (3)  A No candidate may not shall, in the furtherance

21  of his or her candidacy for nomination or election to public

22  office in any election, use the services of any state, county,

23  municipal, or district officer or employee of the state during

24  working hours.

25         Section 8.  Subsection (1) of section 106.19, Florida

26  Statutes, is amended to read:

27         106.19  Violations by candidates, persons connected

28  with campaigns, and political committees.--

29         (1)  Any candidate; campaign manager, campaign

30  treasurer, or deputy treasurer of any candidate; committee

31  chair, vice chair, campaign treasurer, deputy treasurer, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1  other officer of any political committee; agent or person

  2  acting on behalf of any candidate or political committee; or

  3  other person who knowingly and willfully:

  4         (a)  Accepts a contribution in excess of the limits

  5  prescribed  by s. 106.08;

  6         (b)  Fails to report any contribution required to be

  7  reported by this chapter;

  8         (c)  Falsely reports or deliberately fails to include

  9  any information required by this chapter; or

10         (d)  Makes or authorizes any expenditure in violation

11  of s. 106.11(4) s. 106.11(3) or any other expenditure

12  prohibited by this chapter;

13

14  is guilty of a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or  s. 775.083.

16         Section 9.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  the act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are severable.

22         Section 10.  This act shall take effect July 1, 2002.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         Delete everything before the enacting clause

28

29  and insert:

30                      A bill to be entitled

31         An act relating to elections; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1842, 1124 & 498

    Amendment No. ___   Barcode 582286





  1         106.011, F.S.; redefining the term "political

  2         committee"; amending s. 106.07, F.S.; changing

  3         the fine for certain late-filed reports;

  4         amending s. 106.08, F.S.; clarifying

  5         requirements for soliciting and accepting

  6         charitable contributions; reenacting a

  7         prohibition against indirect campaign

  8         contributions; amending s. 106.11, F.S.;

  9         authorizing the use of debit cards for

10         campaigns; providing requirements; amending s.

11         106.12, F.S.; increasing the amount for petty

12         cash expenditures; amending s. 106.141, F.S.;

13         requiring the filing officer to notify

14         candidates before the date the final report is

15         due; increasing the amount of surplus funds

16         that certain successful candidates may

17         contribute to an office account; amending s.

18         106.15, F.S.; expanding the prohibition on the

19         use of state employees for campaign purposes

20         during working hours to county, municipal, and

21         district employees; amending s. 106.19, F.S.;

22         conforming a statutory cross-reference;

23         providing for severability; providing an

24         effective date.

25

26

27

28

29

30

31

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